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Found guilty by jury and convicted of maintaining sexual relationship with and other historical sexual offences against child; Crown case depended on complainant’s evidence; accused neither gave nor called evidence; trial judge refused to discharge jury following reception of inadmissible and potentially prejudicial evidence but directed jury in respect thereof; court ordered that accused have interpreter during trial.
Primary Judgment
DC282/19 (No citation)
04 Nov 2019
Sentenced to 17y, comprising 14y for maintaining and cumulative 3y for rape, concurrent with extant 1.5y of 8y term for rape of different child (not like offending of same nature at same time); parole eligibility 9 August 2025; mature offender with prior conviction for child rape; regular rape of extremely vulnerable biological daughter over lengthy period causing physical and enduring psychological injury and involving threats; no substantial matters in mitigation (Clare SC DCJ).
Appeal Determined (QCA)
[2021] QCA 278
14 Dec 2021
Appeal against convictions dismissed; jury’s verdicts not unreasonable; refusal to discharge jury did not cause miscarriage of justice; not established that interpretation inadequate for accused to understand proceedings and evidence. Leave to appeal sentence refused; sentence not manifestly excessive: Applegarth J (Sofronoff P and McMurdo JA agreeing).
Appeal Status
Appeal Determined (QCA)
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